Legal Question in Family Law in California

Re: How will relocating affect custody&support?

You will need to file a motion to modify Child support.

You will also need to compromise with the ex as far

as visitation and set up a new schedule. The husband's

income is not taken into consideration when support

is calculated nor is visitation time. Whoever has

primary physical custody is entitled to child support.

You will also need to file a child support case registry

form for an out-of-state parent. There are a number

of papers that need to be filed, but unless your ex

contests the motion, no appearances will be necessary.

I would suggest hiring an attorney for a number of reasons.

1. You don't want the extra stress of dealing with

the ex and trying to get her to agree to a set visitation

schedule.

2. You want to know that all the proper forms are filed

so that there are no problems in the future.

3. An attorney can make any appearances that may be necessary

with you and they can act like a neutral third party when

determining the new child support amounts and a reasonable

visitation schedule as well as transportation.

If you would like additional information or a copy

of the forms that you need please feel free to call or

email me and I would be happy to give you a free consultation

over the phone.

John Hayes

The John Hayes Law Offices

P.O. Box 3003

Re: How will relocating

If your husband has that much time with the kids, he might consider seeking an order that they relocate with you guys. You did not tell me their ages and gender. But it might be worth exploring.

Support will go up substantially. Timeshare will be down to about 25%, his income will double. The ex wife's new husband's income is not relevant.

Matthew Kremer

Law Offices of Matthew M. Kremer

9665 Chesapeake Drive, Suite 310